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Ord 06-00ORDINANCE NO. 6-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DF.I.RAY BEACH, TO ALI.OW DENSITIES OF LIP TO TWELVE (12) UNITS PER ACRE AS A PERMI'ITED USE AND LIP TO THIRTY 00) UNITS PER ACRE AS A CONDITIONAL USE WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, SUBJECT TO PERFORMANCE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarming and Zoning Board reviewed the proposed text amendment at a public hearing hdd on February 28, 2000, and voted unanimously to recommend that the changes be approved; and WHER.F_dIS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.9, "General Commercial (GC) District", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: See Exhibit "A" attached hereto and made a part hereof. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invahd. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. ~e 21st PASSED AND ADOPTED in reg~,lar session on second and final xeafling on this __ day of March ., 2000. ATTEST: FixstReading March 7, 2000 Second Reading March 2 !, 2 0 0 0 - 2 - Ord. No. 6-00 EXHIBIT =Am TO ORDINANCE NO. 6-00 Section 4.4.9 General Commercial (GC) District: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (5) Dwelling units in the same structure as commercial uses provided that: mere-,tha~-at least 50% of the gross floor area is devoted to commercial uses; residential uses and non-residential uses are physically separated and have separate accessways; and the residential dens!ty does not exceed 12 units per acre; (E)- Review and Approval Process: (4) All applications for commercial or multiple family residential development, including signs, within the West Atlantic Avenue Overlay District will be forwarded to the ~^~,.~+ A+~.,,,+;,. A ....... ~.,.~,.'+..,.+ .... , o,,,,~ .... ,-,.,,.,,, ,,,.,, /~l~r'~ West Atlantic Redevelopment Coalition (WARC) and the Community Redevelopment Agency for comment. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (b) All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or SW 5'h Avenue must contain nonresidential uses on the ground floor facing the street. Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and non-residential uses are located in the same structure, residential uses and non- residential uses must be physically separated and have separate ................................. ,-r ............. . .~.3¥ ....... ~-. (h) Free standing or mixed-use residential development up to twelve (12) units per acre is a permitted use~ Density may exceed twelve (12) units per acre, up to a maximum of thirty (30) units per acre, as a conditional use. Density may exceed 12 units per acre only. after the approving body make..s a finding that the project has substantially complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required findings of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding these provisions, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the Redevelopment Area. The following performance standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than twelve (12) dwelling units per acre: (1) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two stodes, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several Of.the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (2) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the. main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (3) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the prop0rt!on of efficiency or studio type units may not exceed 25% of the total units. There is no maximum (4) percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; indMdual laundry facilities; special security features; or a combination of similar features and elements that meet the (5) (6) intent of this standard. The development provides common areas and/or amenities for residents such as swimming .. pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic (7) (8) Avenue. The development provides opportunities to share parking, accessways, driveways, etc., with .adjoining properties, or provides additional parking spaces that may. be used by the public. Nonresidential ground floor space .has ceilings not less than ten (10) feet in height. For buildings fronting on West Atlantic Avenue, NW 5~ Avenue, or SW 5~ Avenue, at least f/fly percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Section 4.4.9 General Commercial (GC) District: (B) the GC Overlay Principal Uses and Structures Permitted: The following are allowed within District as permitted uses, except as prohibited in the West Atlantic Avenue District by Section 4.4.9(G)(1)(a): (5) Dwelling units in the same structure as commercial uses provided that: mere--thar~at least 50% of the gross floor area is devoted to commercial uses; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre; (E) Review and Approval Process: (4) All applications for commercial or multiple family residential development, including signs, within the West Atlantic Avenue Overlay District will be forwarded to the ~^,,..., a+,~.,+~., a ....... a...~,~+~...+,,,.,, 0~,.,~ .... ~,,,.,..,~..... ~aor.~ West Atlantic Redevelopment Coalition (WARC) and the Community Redevelopment Agency for comment. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (b) All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or ti1 ' SW 5 Avenue must contain nonresidential uses on the ground floor facing the street. Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentafle of each use allowed. In the event that residential and non-residential uses are located in the same structure, residential uses and non- residential uses must be physically separated and have separate accessways ona rss~dent!=! '"'"+~ "'~"" ""+ ~ '"""+'~'~ cn +~' ....... ~,~l~+ (h) Free standing or mixed-use residential development up to twelve (12) units per acre is a permitted use. Density may exceed twelve (12) units per acre, up to a maximum of thirty (30) units per acre, as a conditional use. Density may exceed 12 units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required flndinqs of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding these provisions, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the Redevelopment Area. The followinq performance standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than twelve (12) dwelling units per acre: (1) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and .design elements such as. shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (2) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main buildin~ through the use of similar building materials and color, ..vertical and horizontal elements, and arc. hitectural style. The ,qarage is desi.qned in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (3) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling ..units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percenta.qe established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. (4) The interiors of the dwelling, units provide unique features and conveniences that distinquish them from standard multi-family proiects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling hei.qhts of 9 feet or greater; extensive use of natural li.qhtin.q; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the (5), (6) intent of this standard. The development provides common areas and/or amenities for residents such as swimmin.q pools, exercise rooms, storage rooms or lockers, covered parking, .qardens, courtyards, or similar areas and/or amenities. The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adiacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adiacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic (7) Avenue. The development provides opportunities to share parking, accessways, driveways, etc., with adioininq properties, or provides additional parkin.q spaces that may be used by the public. Nonresidential ground floor space has ceilin.qs not less than ten (10) feet in height. For buildings fronting on West Atlantic Avenue, NW 5th Avenue, or SW .5 TM Avenue,'at least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such buildinq is devoted to display windows and to entrances to commercial uses from outside the building. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ]0,/~. - REGULAR MEETING OF MARCH 21, 2000 ORDINANCE NO. 6-00 {RESIDENTIAL DENSITIES IN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT) MARCH 16, 2000 This xs second reading and the second pubhc hearing for Ordinance No. 6-00 which amends LDR Sectton 4.4.9, "General Commercml (GC) Dmtrict", to allow densmes of up to twelve (12) units per acre as a permitted use and up to thirty (30) umts per acre as a conchtional use in the West Aflanttc Avenue Overlay District, subject to performance standards. Pursuant to Amendment 99-1, the following policy was added to the Comprehensive Plan: Future Land Use Element Poh'cy The Ci(y shall amend the General Commerdal (GC) ~oning &strict to accommodate increased multipk family dendties over !2 units per acre, but not to exceed a maximum of 30 units per acre as a conditional use in the [VestAtlantic Avenue Redevelopment Area Overlay. The proposed LDR text amendments are necessary to implement this Comprehensive Plan policy. The proposed amendments were reviewed and recommended for approval by the West Atlantic Redevelopment Coalition (WARC) on February 16, 2000. The Community Redevelopment Agency remewed and recommended approval of the proposed amendments on February 24, 2000. The Planning and Zoning Board considered the text amendments at a public hearing held on February 28, 2000. No one from the public spoke on the matter. The Board voted 5 to 0 to recommend approval based upon a positive finding that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan. At first reading on March 7, 2000, the City Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 6-00 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. Ref'Agmemo21.Ord6-00.LDR Amendment Dens~ty.WAA Overlay Dismct MEETING OF: AGENDA ITEM: FEBRUARY 28, 2000 IV.H. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) PROVIDING FOR AN INCREASE IN RESIDENTIAL DENSITY OF UP TO THIRTY (30) UNITS PER ACRE IN THE WEST ATLANTIC OVERLAY DISTRICT The item before the Board is that of making a recommendation to the City Commission on amendments to the General Commercial (GC) Zoning District, LDR Section 4.4.9(B) Principal Uses and Structures Permitted, Section 4.4.9(E) Review and Approval Process, and Section 4.4.9(G)(1) West Atlantic Avenue Overlay District Supplemental District Regulations. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. One of the items included in Comprehensive Plan Amendment 99-1 was to amend the GC land use description to correct an inconsistency between the land use and zoning descriptions regarding stand-alone residential uses, and to establish a maximum allowable density. In the General Commercial (GC) zoning district, stand-alone multiple family developments are allowed subject to the RM zone districts regulations, which allow a density up to 12 units per acre. Thus, it is inferred that the maximum residential density for mixed-use developments is also 12 units per acre. During the processing of the amendment, the Community Redevelopment Agency (CRA) requested that a greater density be permitted within the West Atlantic Avenue Redevelopment Area, via the Conditional Use process and subject to the same performance standards that apply in the Central Business District. The West Atlantic Avenue Redevelopment Plan calls for two to four story mixed-use buildings with either residential or office on the upper floors. The intent of the mixed-use scenario is to provide residences to support the commercial and service uses in the redevelopment area, and to encourage economic development. Due to the density limitations in the current regulations, residential uses would be generally limited to one floor only. On March 15, 1999, the Planning & Zoning Board considered the CRA's request to allow the increased density in the West Atlantic Avenue area. Staff suggested that given the Iow density residential developments north and south of the redevelopment area, the density could be limited to a maximum of 30 units per acre, with density Planning and Zoning Board Memorandum Staff Report Residential Density - West Atlantic Overlay Page 2 increases over 12 units per acre subject to a conditional use approval. The Board agreed that the increase should be subject to a Conditional Use approval, but didn't feel it was appropriate to establish a maximum. After some discussion, it was determined that the ultimate density would be limited by such development standards as maximum building height and coverage, setbacks, minimum dwelling unit sizes, and parking requirements. The amendment was transmitted to the State Department of Community Affairs (DCA) with a density of up to 12 units per acre for all of the GC areas except the West Atlantic Avenue overlay, where there would be no specified units per acre maximum. DCA reviewed the amendment and requested that a maximum dwelling unit/acre be specified for West Atlantic. In order to satisfy their request, staff proposed that the language be amended to add a maximum density of 85 units per acre for the West Atlantic Avenue Redevelopment Area, since this maximum is theoretically possible under the GC zoning district development standards. The revised amendment was reviewed by the Planning and Zoning Board on September 27, 1999 and a positive recommendation was made to the City Commission. At the City Commission hearing on October 19, 1999, several people expressed their concern that the 85 unit per acre density was too high. The City Commission modified the amendment by limiting the density to 30 units per acre. This amendment proposes to allow residential density up to 30 units per acre in the West Atlantic Avenue Redevelopment Overlay Area as a Conditional use and subject to performance standards. The issue of maximum density within this area was discussed and decided last year during the process of amending the Comprehensive Plan (Amendment 99-1). REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: Future Land Use Element Policy A-5.6 The City shall amend the General Commercial (GC) zoning district to accommodate increased multiple family densities over 12 units per acre, but not to exceed a maximum of 30 units per acre as a Conditional Use in the West At/antic Avenue Redevelopment Area Over/ay. Planning and Zoning Board Memorandum Staff Report Residential Density - West Atlantic Overlay Page 3 The proposed text amendment is necessary to implement this Comprehensive Plan Policy. Therefore, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment was reviewed by the West Atlantic Redevelopment Coalition (WARC) on February 16, 2000. The Board recommended approval of the proposed amendment. The proposed amendment was reviewed by the Community Redevelopment Agency on February 24, 2000. The Board recommended approval of the proposed amendment. 1. Recommend approval of the proposed amendment. 2. Recommend denial of the proposed amendment, in whole or in part. 3. Continue with direction. Recommend that the City Commission adopt the attached amendment to the General Commercial (GC) Zoning District, LDR Section 4.4.9(B) Principal Uses and Structures Permitted, Section 4.4.9(E) Review and Approval Process, and Section 4.4.9(G)(1) West Atlantic Avenue Oveday District Supplemental District Regulations. Report Prepared by Ron Hoggard, Senior Planner s:\planning & zoning\boards\p&z board\text amendment for west atlantic density.doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, P & Z DIRECTOR t~IN~L~~ RONALD R. HOGGARD, JR. SENIOR PLANNER~.~~. AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs) GENERAL COMMERCIAL (GC) ZONING DISTRICT TO ALLOW RESIDENTIAL DEVELOPMENT UP TO 12 UNITS PER ACRE AS A PERMITTED USE AND UP TO 30 UNITS PER ACRE IN THE WEST ATLANTIC OVERLAY DISTRICT SUBJECT TO PERFORMANCE STANDARDS AND CONDITIONAL USE APPROVAL. Pursuant to Amendment 99-1, the following Policy was added to the Comprehensive Plan: Future Land Use Element Policy A-5.6 The City shall amend the General Commercial (GC) zoning district to accommodate increased multiple family densities over 12 units per acre, but not to exceed a maximum of 30 units per acre as a Conditional Use in the West Atlantic Avenue Redevelopment Area Overlay. The proposed LDR text amendments are necessary to implement this Comprehensive Plan Policy. For additional background and analysis see the attached P & Z Board staff report. At its meeting of February 16, 2000, the proposed amendments were reviewed and recommended for approval by the West Atlantic Redevelopment Coalition (WARC). At its meeting of February 24, 2000, the Community Redevelopment Agency reviewed and recommended approval of proposed amendments. At its meeting of February 28, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the matter. The Board voted 5-0 (Eliopoulos and Morris absent) to recommend approval of the proposed amendments, based upon a positive finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve the attached ordinance amending the General Commercial (GC) Zoning District, LDR Section 4.4.9(B) Principal Uses and Structures Permitted, Section 4.4.9(E)Review and Approval Process, and Section 4.4.9(G)(1) West Atlantic Avenue Overlay District Supplemental District Regulations, based upon the findings and recommendation of the Planning & Zoning Board. Attachments: · Ordinance · P & Z Staff Report and Documentation of February 28, 2000 s:\planning & zoning\boards\city commission\text amendment for west atlantic density.doc Friday, March 10, 2000 CITY OF DELARY BEACH NOTICE OF PROPOSED AMENDMENT TO THF~ IAND DEVELOPMENT REGUIATIONS TO &LIOW DENSITIES OF UP TO THIRTY (30) UNITS PER ACRE WITHIN THE WEST ATLANTIC AVENUE OVEBIAY DISTRICT The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: Ordinance No. 6-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAFIER FOUR, "ZONING REGUI~TIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (G-C) DISTRICT", OF THE LAND i DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY 'BEACH, TO ALLOW DENSITIES OF UP TO TWELVE (12) UNITS PER ACRE AS A PERMITTED USE AND UP TO THIRTY (30) UNITS PER ACRE AS A CONDITIONAL USE WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT SUBJECT TO PERFORMANCE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN ~ DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing was held on TUESDAY, MARCH 7, 2000, AT 7.'00 EM., in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The second Public Hearing will be held on TUESDAY, MARCH 21, 2000 AT 7.'00 P.M., (or at any continuation of such meeting which is set by the Commisson). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For futher information or to obtain a copy of the proposed ordinance, please conta?t the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33d~.d (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RF~PECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TES'I1MO~ AND EVIDENCE UPON WHICH THE APPLEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. PUBLISH; CITY OF DELRAY BEACH Alison MacCfl'egor Harry City Clerk The Boca Raton News Febmray 28, 2000 March 15, 2000 Ad~: 796617 CITY OF DELARY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ALLOW DENSITIES OF UP TO THIRTY (30) UNITS PER ACRE WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: Ordinance No. 6-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (CC) DISTRICT", OF TI/E LAND DEVELOPMENT REGULATIONS OF TH~ CITY OF DELRAY BEACH, TO ALLOW DENSITIES OF UP TO TWELVE (12) UNITS PER ACRE AS A PERMITTED USE AND UP TO THIRTY (30) UNITS PER ACRE AS A CONDITIONAL USE WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT SUBJECT TO PERFORMANCE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEAI.F.R CLAUSE, AND AN ~ DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing was held on TUF~DAY, MARCH 7, 2000, AT 7.'00 P.M., in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The second Public Hearing will be held on TUESDAY, MARCH 21, 2000 AT 7.'00 P.M., (or at any continuation of such meeting which is set by the Commisson). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For futher information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 3344~. (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPLEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. PUBL!gH: CITY OF DELRAY BEACH Alison MacOregor Harty City Clerk The Boca Patton News Febmray 28, 2000 March 15,2000 Ad~: 796617